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← Trade Unions Act 1959

Trade Unions Act 1959 s 18

Trade Unions Act 1959 s 18

s 18 Power of the Minister to suspend a trade union

(1) Notwithstanding anything in this Act, it shall be lawful for the Minister in his absolute discretion, but with the concurrence of the Minister responsible for internal security and public order, by order published in the Gazette to suspend for a period not exceeding six months any trade union, or any class or description of trade unions, which in his opinion is, or is being, used for purposes prejudicial to or incompatible with, the interests of the security of, or public order in, Malaysia or any part thereof. (2) Where in the opinion of the Minister the exigencies of the situation so require, the Minister may bring such order into force immediately upon its being made and before its publication in the Gazette, but after publicising it in such manner as the Minister thinks fit. (3) Where the Minister makes an order under subsection (1) he may, either at the time of making the order or at any time subsequently thereto, give such directions of an ancillary or consequential nature or otherwise, as he may deem necessary or expedient, including directions in respect of any matter or proceeding before any authority, in relation to the trade union, under this Act or any other written law. (4) A direction given under subsection (3)— (a) may at any time be varied or revoked as the Minister deems necessary or expedient; and (b) shall be valid and have full force and effect notwithstanding anything inconsistent therewith or contrary thereto contained in this Act. (5) An order under subsection (1) may at any time be varied or revoked by the Minister. (6) Subject to any direction given by the Minister under subsection (3), until an order of suspension is revoked by the Minister— (a) the certificate of registration of the trade union in respect of which the order of suspension is made shall cease to have effect and the trade union shall cease to enjoy any of the rights, immunities and privileges of a registered trade union; (b) the trade union shall be prohibited from carrying on any activity whatsoever; and (c) no person shall take any part in its management or organization, or act or purport to act on behalf of the union or as an officer of the union. (7) An order or direction of the Minister under this section shall be final and conclusive. (8) Any person who contravenes subsection (6) or any direction given under subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *ten thousand ringgit. to both”–see section 9 of the Trade Unions (Amendment) Act 2024 [Act A1700]. *NOTE—Previously “three thousand ringgit, or to imprisonment for a term not exceeding three years, or

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Find Act 262 on lom.agc.gov.my ↗

Text as at 15 September 2024 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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